Citation: [2025] EWHC 2173 (TCC)
On an application for summary judgment to enforce an adjudicator’s decision relating to issues arising under a design and build contract, the adjudicator had not breached the rules of natural justice by failing to seek further submissions when adopting a rate of pay which he considered to be “fair and reasonable” and had provided sufficient reasons for his decision.BackgroundThe Claimant (“Clegg”) was the contractor and the Defendant (“Prestige”) the employer under an amended JCT Design and Build contract dated 10 November 2022 for the construction of a leisure and retail centre in Bishop Auckland. Practical completion was achieved, and a dispute arose between the parties in respect of the valuation of the Clegg’s application for payment (“Application 37”). Application 37 was made on 27 August 2024. Prestige served a payment notice in respect of it on 30 August 2024. At that stage, the issues between the parties included the value of eight variations, which were agreed to be changes, but whose valuation in accordance with clause 5 of the contract was not agreed (“the Relevant Changes”), and the Clegg’s entitlement to extensions of time (“EOTs”) and prolongation costs.Clegg…
Counsel